Real-world & cybercrime

• Current approaches evolved to deal with real-world crime

• Cybercrime occurs in a different context and therefore presents different issues

Example : Theft
• Real-world theft: possession of property shifts completely from A to B, i.e., A had it now B has it • Cyber-theft: Property is copied, so A “has” it and so does B

What is cybercrime?
Cybercrimes are divided into 3 categories:  crimes where a computer is the target of the crime,

crimes where a computer is a tool of the crime, and

crimes where a computer is incidental to the commission of the crime.

Computer as Target
• Hacking (trespass) • Cracking (burglary) • Malicious code (viruses, worms, Trojan horses) • Vandalism (web site defacement) • Denial of service attacks

Computer As Tool
• • • • • • • Fraud Theft Extortion Stalking Forgery Child pornography Other???

Computer Incidental
• Blackmailer uses computer to write blackmail letters • Drug dealer stores records on computer • Computer used to research murder methods

• Real-world crime and cybercrime differ in several respects • Differences make it difficult to apply traditional principles of criminal law and law enforcement to cybercrime

Real-world crime
• Proximity • Limited Scale

• Physical constraints

• Patterns

Real-world crime shaped law enforcement
• • • • • • • Reactive model Crime committed Investigation Apprehension Conviction Deterrence Crime controlled

Cybercrime: proximity

“In the networked world, no island is an island.”
McConnell International, Cyber Crime . . . And Punishment Archaic Laws Threaten Global Information (2001).

Proximity: example #1
• Onel de Guzman, accused author of the “Love Bug” virus • $10-$12 billion in damage in over 20 countries • Not a crime in the Philippines, never prosecuted, anywhere

Proximity: example #2
• Attacked companies in 10 states • Extorted money by threatening to sell stolen data/return and cause damage • FBI identified Vasiliy Gorshkov and Alexey Ivanov as the hackers



Physical constraints
• Anonymity • Easier to avoid leaving trace evidence • Crimes are committed quickly – more easily concealed

Cybercrime Patterns?
• Lack of accurate statistics • No standard offense definitions • Hard to parse a cybercrime into “offenses” – was the Love Bug one crime or thousands of crimes?

Different Approaches
• Collaborative model – commercial • Prevention (information sharing, etc.) • Informal reporting of cybercrimes • Reacting – private resources supplement law enforcement resources

Legal issues
• Must private personnel abide by rules governing law enforcement? • Permissibility of using private personnel in evidence-gathering • Locus of the decision to prosecute

• Emerging model is a shift from a law enforcement, primarily reactive model, to a collaborative preventivereactive model • Emphasizes prevention because of the difficulties involved in reacting to cybercrime


UN Congress document of The Prevention of Crime and The Treatment of Offenders at Havana, Cuba in 1999 and at Wina, Austria in 2000, declared about cyber crime terminology : a. Cyber crime in a narrow sense is computer crime : any illegal behaviour directed by means of electronic operation that target the security of computer system and the data processed by them. b. Cyber crime in a broader sense is computer related crime : any illegal behaviour committed by means on relation to, a computer system offering or system or network, including such crime as illegal possession in, offering or distributing information by means of computer system or network.

SOURCE Number Types Total


1.Fraud 2.Coubterfeit 3.Threat 4.Gambling 5.Terrorism 6.Deface 7.Others

51 2 3 5 1 1 2

50 2 3

1 Phising
Viaemail (PM Australia & Bombing)

5 1 1 2 Deface website Partai Golkar Hacking, intrusion

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